A lawsuit alleging wrongful death from end stage renal disease was filed in a New Jersey federal court on Dec. 26, 2018. The lawsuit names AstraZeneca LP and AstraZeneca Pharmaceuticals—makers of the over-the-counter remedy for acid reflux known as Nexium—as defendants. The plaintiff, Martha S., filed the legal action on behalf of the estate of Janice S. who died after end stage renal disease.

According to the lawsuit, Janice used Nexium from 2008 to 2015 while she lived in South Carolina. Martha’s lawsuit on behalf of Janice will join others in multidistrict litigation (MDL) No. 2789, Proton Pump Inhibitor Products Liability Litigation, filed against the drug maker.

Martha is bringing forward several causes of action again AstraZeneca, including allegations of defective design of their drug, failure to warn, negligence, breach of warranty, fraud, and wrongful death.

Martha seeks on behalf of Janice’s estate a compensatory award with consideration for physical and emotional pain and suffering, financial loss including funeral expense, and all court and attorney fees. She asks for punitive damages to be assessed as well.

Long-Term Use of Nexium and End Stage Renal Disease

The connection between compromised kidney function and long-term use of over-the counter treatments for acid reflux such as Nexium has been documented for close to 30 years. Early studies in the last decade of the 20th century were noting an accumulation of metabolic waste products in the spaces between the tubules of the kidneys in people that had taken proton pump inhibitors. This accumulation is typically referred to as acute interstitial nephritis (AIN).

AIN symptomology can often remain disguised to the sufferer and affect the correct balance of fluid and electrolytes in the system of the body. A failure to note problems and seek medical care means greater strain on the kidneys over an extended period of time which can lead to a situation of sudden inflammation and kidney failure.

Treatment at this point by a physician may head off a crisis. However, chronic kidney disease may develop. If care fails, the compromised patient must endure weekly dialysis treatment if they are in end stage renal disease. Essentially, they must wait for suitable kidney transplant to be found while their health is artificially maintained.

Although documentation of the link between proton pump inhibitors and renal compromise is long-standing, the connection has not been adequately disseminated, alleges Martha in her lawsuit. It wasn’t until two decades after those first case studies that our U.S. Food and Drug Administration (FDA) even alerted consumers being prescribed PPI’s that there was connection. To date, very few over-the-counter versions have any such labeling.

Safer alternatives to PPI use in addressing acid reflux are dietary changes, weight loss, and use of H2 Blockers such as Zantac, Pepcid, or Tums.

The AstraZeneca Lawsuit is Case No. 2:18-cv-17565-CCC-MF in the U.S. District Court for District of New Jersey, Newark Division.